[Ord. No. 970 §1, 8-21-1990]
This Article shall be known and may be cited as the Outdoor Eating Place/Beer Garden Ordinance.
[Ord. No. 970 §2, 8-21-1990]
For the purpose of this Article, the following words and phrases shall have the meanings ascribed to them:
LICENSEE
Any person having a City license in full force and effect issued hereunder for an outdoor eating place/beer garden.
OUTDOOR EATING PLACE/BEER GARDEN
Any establishment where food, alcohol, or beverages are sold to the consumers, out-of-doors, in connection with a licensed restaurant or tavern, and where such food, alcohol, or beverages are intended to be consumed upon the premises or on the premises outside the building.
WASTE MATERIAL
Paper cups, straws, napkins, garbage, beverages, and all other waste matter intended for disposal which, if not placed in a proper receptacle, tends to create a public nuisance by rendering property unclean, unsafe and unsightly.
[Ord. No. 970 §3, 8-21-1990]
This Article is intended to supplement and not to supplant any existing laws, ordinances or regulations.
[Ord. No. 970 §4, 8-21-1990]
It shall be the duty of the licensee to maintain quiet and good order upon the premises of an outdoor eating place/beer garden and not permit disorderly or immoral conduct or loitering. The licensee shall not cause or create any noise or other nuisance in the outdoor area where the quiet and good order of the premises or of the neighborhood are disturbed.
[Ord. No. 970 §5, 8-21-1990]
At least once every twenty-four (24) hours the licensee shall dispose of waste materials which tend to create a public nuisance on the premises. The licensee shall keep the premises whereon the outdoor eating place/beer garden is located, free from waste material and shall provide the outdoor eating place/beer garden with appropriate refuse containers.
[Ord. No. 970 §6, 8-21-1990]
The sale of food, alcohol, or beverages or other products from a window or other opening in the building connected to the outdoor eating place/beer garden shall not be permitted unless such window or opening is approved by the Board of Aldermen.
[Ord. No. 970 §7, 8-21-1990]
Serving hours shall be no greater than permitted by law except the Board of Aldermen may impose reasonable restrictions based on neighborhood conditions.
[Ord. No. 970 §8, 8-21-1990]
No person shall place, throw or deposit any case, bottle, paper, waste material or refuse upon the outside premises of any outdoor eating place/beer garden or in the vicinity of same except in adequate receptacles provided for that purpose nor shall the licensee permit such conduct.
[Ord. No. 970 §9, 8-21-1990]
The outdoor eating place/beer garden operated after dark shall be adequately illuminated by electric lights; but such illumination shall be so arranged and shielded by the licensee so as to reflect away from any adjoining property and streets.
[Ord. No. 970 §10, 8-21-1990]
No person on the premises of an outdoor eating place/beer garden shall needlessly make or cause to be made any loud or unseemly noise, nuisance, or disturbance whereby the quiet and good order of the premises or the neighborhood is disturbed.
[Ord. No. 970 §11, 8-21-1990; Ord. No. 2044 §1, 5-6-2008; Ord. No. 2451, 6-5-2018]
The licensee of an outdoor eating place/beer garden shall provide a wall or fence of adequate height to screen the patrons on the premises from the view of the surrounding property. Such fence or wall shall be of a design and structure approved by the Board of Aldermen. The perimeter of the fence or wall shall be landscaped by the licensee with suitable plants and shrubbery to preserve as far as possible harmony with the appearance of the surrounding property.
[Ord. No. 970 §12, 8-21-1990]
The occupancy of the outside eating place/beer garden shall not be greater than the actual occupancy allowed by occupancy permit/license of the attached restaurant or tavern.
[Ord. No. 970 §13, 8-21-1990]
No person shall construct, operate, or maintain an outside eating place/beer garden within the City without first obtaining a license as hereinafter provided by the Board of Aldermen.
[Ord. No. 970 §14, 8-21-1990]
The Board may, at its discretion, issue a limited license for a period of not less than one (1) day nor more than ten (10) consecutive days, upon application. Application for such limited license shall conform to the requirements of this Article, except that the application fee shall be twenty-five dollars ($25.00) for each day. The Board may waive or alter the fence or wall requirement (Section 3-70) for a limited license applicant. All other standards and requirements of this Article shall apply to limited license applicants.
[Ord. No. 970 §15, 8-21-1990]
Applications for licenses required by this Article shall be made upon blank forms prepared and made available by the Board of Aldermen and shall state:
(1) 
The name, home address and proposed business address of the applicant.
(2) 
The number of patrons which the proposed outdoor eating place/beer garden is designed to accommodate.
(3) 
The hours of operation for the proposed outdoor eating place/beer garden.
(4) 
Such other reasonable information as the Board of Aldermen shall find reasonably necessary to effectuate the purpose of this Article and to arrive at a fair determination of whether the terms of this Article have been complied with.
[Ord. No. 970 §16, 8-21-1990]
Every application for a license required by this Article shall be accompanied by a plat or drawing of the proposed outdoor eating place/beer garden:
(1) 
The location, size and capacity of the facility.
(2) 
The location and size of the entrances and exits.
(3) 
The kind of ground surface.
(4) 
The location, size and construction of all structures.
(5) 
The location, size and construction of surrounding walls, fences or barriers.
[Ord. No. 970 §17, 8-21-1990]
Initial applications and applications after revocation for a license required by this Article shall be accompanied by an application fee of one hundred dollars ($100.00).
[Ord. No. 970 §18, 8-21-1990]
Every application for a license required by this Article shall be accompanied by a bond, approved as to form by the City Attorney, executed by a bonding or surety company authorized to do business in the State, in the sum of five thousand dollars ($5,000.00) conditioned upon the payment by the licensee of any and all final judgements for injuries or damages resulting to persons or property arising out of the operation or maintenance of any outdoor eating place/beer garden. Such bond shall run to the City for the benefit of any person who may receive injuries and for the benefit of any person who may claim redress for property damage resulting from the operation or maintenance of an outdoor eating place/beer garden. Such bond shall remain in full force and effect for the full period of time for which the license is effective. In lieu of a bond, a liability insurance policy, issued by an insurance company authorized to do business in the State, which conforms to the requirements of this Section may be accepted.
[Ord. No. 970 §19, 8-21-1990]
The Board of Aldermen may issue or refuse to issue a license under the provisions of this Article after examining and considering:
(1) 
Any danger to the health, morals and safety of the people of the City.
(2) 
The reputation of the applicant, his officers or agents, if any, and their ability to operate the outdoor eating place/beer garden in a manner consistent with the maintenance and preservation of good order, public health, safety, good morals and welfare.
(3) 
The effect upon the peace and quiet of the neighborhood of conducting an outdoor eating place/beer garden at the location designated between the hours for which a license is required.
(4) 
The insurance companies or sureties utilized by this licensee in complying with the provisions of this Article.
(5) 
Whether the requirements of this Article and all other governing laws and ordinances have been met.
(6) 
Whether the placement and design of the proposed use provides adequate precautions to protect the safety of the occupants and any persons or property on adjacent property, including City, County or State right-of-way, including curbing, bollards or barricades as necessary. No entrance, exit or gate, if provided, shall directly access a City, County or State right-of-way, but must provide an exit onto the applicant's property.
[Ord. No. 2451, 6-5-2018]
[Ord. No. 970 §20, 8-21-1990; Ord. No. 1496 §1, 11-21-2000]
Upon approval by the Board of Aldermen of an application for a license required by this Article, a license shall be issued by the City Clerk or the City Collector after payment of the license fee prescribed for an outdoor eating place/beer garden in Section 3-76.
[1]
Editor's Note — Ord. no. 1496 §2, adopted on November 21, 2000, repealed §3-80. Former section 3-80 derived from ord. no. 970 §21, 8-21-1990.
[Ord. No. 970 §22, 8-21-1990]
In addition to any other reason specified in any other ordinance of the City, a license issued under the provisions of this Article may be revoked or suspended by the Board of Aldermen when the Board of Aldermen finds that:
(1) 
The licensee is operating in violation of this Article or of any other governing law, ordinance or regulation; or
(2) 
The licensee is operating so as to constitute a nuisance by reason of noise, disorderly or illegal conduct or immoral activity on the premises.
[Ord. No. 970 §23, 8-21-1990]
Amusement parks of one hundred (100) acres or more and beer gardens in effect prior to August 21, 1990, are exempt from the requirements of this Article.